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    <title>2026 (6) TMI 702 - CESTAT CHENNAI</title>
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    <description>An ad valorem Oil Industry Development Cess paid on an inflated value was held refundable where valuation should have followed Section 4 principles of the Central Excise Act and the record showed excess payment through adoption of an ex-duty value instead of a cum-duty value. The refund was also held not barred by unjust enrichment because the Section 12B presumption was rebutted by the contract, invoices, a chartered accountant&#039;s certificate, and buyer confirmation showing that the cess was not recovered from the buyer. Credible documentary evidence displaced the presumption of duty passing on, making refund admissible in principle.</description>
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      <description>An ad valorem Oil Industry Development Cess paid on an inflated value was held refundable where valuation should have followed Section 4 principles of the Central Excise Act and the record showed excess payment through adoption of an ex-duty value instead of a cum-duty value. The refund was also held not barred by unjust enrichment because the Section 12B presumption was rebutted by the contract, invoices, a chartered accountant&#039;s certificate, and buyer confirmation showing that the cess was not recovered from the buyer. Credible documentary evidence displaced the presumption of duty passing on, making refund admissible in principle.</description>
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